Testator held to have lacked testamentary capacity despite expert evidence to the contrary
In the recent case of Hughes v Pritchard [2021] EWHC 1580, the judge found that a testator had lacked testamentary capacity notwithstanding expert evidence to the contrary. The testator had a history consistent with dementia, including lapses of memory and behavioural changes from 2014. He made a new will in 2016 following the death of […]
Flawed pathological evidence in homicide case
In this 1998 case -R. v. Patrick Nicholls [1998] EWCA Crim 1918 – a man was convicted of murder and robbery, and served 23 years in prison before having his conviction overturned. A pathologist suggested that the deceased had been suffocated and suffered heart failure as the result of an assault. He had initially thought […]
Expert evidence required to verify source of text messages
In a recent case, the Ontario Court of Appeal allowed an appeal from the conviction of a man for firebombing his ex-wife’s house. Messages sent on various apps had not been subjected to examination to see whether they could have been sent to ‘frame’ the accused for the offence. In R. v. Aslami, 2021 ONCA […]
Cricketing body to offer expert evidence to head injuries tribunal
The cricketing body, the MCC, is to offer evidence to retain the ‘bouncer’ in cricket, as it would otherwise become a batsman-friendly game, it has been reported by the Daily Mail (who operate under the basis that its readers will understand what all of that means). “Recognising its potential to cause serious physical damage, they […]
Expertise in meth lingo
A Chicago court has dismissed an appeal from a drugs conviction where a police officer gave evidence of the language of meth dealing, and ‘translated’ a number of text messages: “Some exchanges were not particular difficult to decipher while others were more challenging. “She will pay 245 for it” meant a customer was willing to […]
Indian death row prisoner has fingerprint evidence set aside on appeal
The Supreme Court of India has set aside the conviction of two persons, including one who had been sentenced to death, following a challenge to the fingerprint evidence. Not only was there a doubt over the reliability of the evidence, but even if it had been reliable, it was questionable whether it was sufficient to […]
Data tampering at forensic laboratory
It was reported in 2018 that 40 convictions relating to drug driving had been quashed as the result of data tampering at a laboratory belonging to Randox Testing Services. Another 10,500 cases were potentially affected. Link It seems that the company itself had acted as whistleblower, and two of its employees were arrested on suspicion […]
Expert witness excluded after kissing prosecution witness
In a UK trial for foxhunting, a prosecution expert who was a longstanding opponent of hunting was seen kissing a prosecution witness. The defence applied to exclude his evidence. “Professor Harris argued that he was kissed before he could stop the kisser. But Wills’ defense counsel, Stephen Welford, argued that the kissee could no longer […]
Evidence by theologian of ‘Christian doctrine in relation to homosexuality’ not admissible in employment case
An actor who was dropped from a play, for posting allegedly homophobic comments online, has brought a case alleging discrimination on the grounds of religion. In a preliminary ruling, the trial judge has determined that evidence by a theologian of ‘Christian doctrine in relation to homosexuality’ would not be of assistance in determining the case. […]
Allez, punk
Clint Eastwood, 90, is due to appear as an ‘expert witness’ in a French trial, according to the BBC. The trial arises from a plot to attack Americans on a high-speed train in France. A thriller, ‘The 15:17 to Paris’, was made by Clint Eastwood about the attack. The report goes on to say: “Dozens […]